THIS AGREEMENT (Agreement) by and between Dog Days Daycare Center, L.L.C. (Dog Days) and the owner of the dog (Client) for the sole purpose of training Client and Client’s dog (Dog) on Basic Obedience, Behavior Modification or other training activities (Training), as selected on the attached Training Program Description (Program). For the good and valuable consideration shown on the Program selected by Client, Dog Days agrees to provide the Training services for Client and Dog, the goal being to teach Client how to train Dog. Dog Days will make every reasonable effort to help Client achieve the goals described in the Program, but makes no guarantee of Dog’s performance or behavior. Client understands and acknowledges that Dog Days has not represented, promised, guaranteed or warranted that Dog can be trained, that Dog will never bite or exhibit other behavioral problems or that the trained behaviors will last for any particulate amount of time. Client understands that he/she and members of the household must follow Dog Days instructions without modification, provide Training with Dog daily as recommended, and constantly positively reinforce Training being given to Dog.
DOG HEALTH AND VACCINATIONS
Client warrants that Dog is physically fit, in good health (as determined by Veterinarian listed in this Agreement), and free of fleas, parasites and infectious diseases. Client must provide proof of rabies vaccination prior to participating in Training.
RELEASE OF LIABILITY AND INDEMNIFICATION
Client expressly agrees to indemnify and hold harmless Dog Days and it’s agents and to pay all losses and damages suffered or incurred, and to defend and indemnify Dog Days and it’s agents from any claims, demands, lawsuits, losses, costs or expenses, including attorney fees, arising out of or in connection with the Training services provided on or off Dog Day’s premises, Client’s home or business or any other location. If Dog causes property damage, or bites or injures any animal or person (including but not limited to Dog Days’ Trainer and Trainer’s agents), during or after the term of this Agreement, then Client agrees to pay all resulting losses and damages suffered or incurred, and to defend and indemnify Dog Days and it’s agents from any resulting claims, demands, lawsuits, losses, costs or expenses, including attorney fees. If Dog is injured in any manner while Training, during or after the term of the Agreement, Client assumes the risk and agrees that Dog Days should not be held responsible for any resulting injuries, losses, damages, costs or expenses.
PAYMENT
Client understands and agrees that all Training fees must be paid in advance, including any mandatory, non-refundable initial consultation fee.
CANCELLATIONS
A full refund for Training will be given if requested 24 hours before, the first session start time. After the first session, 50% of the total paid may be refunded as long as it is requested 24 hours before the second session. No refunds will be given for requests received after the second session takes place.
TERMINATION
At Dog Day’s sole discretion, Training described hereunder shall terminate if, (a) in Dog Days’ sole judgement Dog is dangerous or vicious to Trainer or any other person or animal, or interferes with Training of other dogs, or (b) Client breaches any term or condition of this Agreement. Upon termination in accordance with the foregoing, Dog Days’ duties shall terminate but all other provisions of this Agreement shall continue in full force and effect.